Developer Contributions Plans & Development Servicing Plans

Contribution plans and development servicing plans rates can be viewed by clicking on the link below:

(PDF, 288KB)Developer Contributions and Charges(PDF, 288KB)

The following Developer Contributions Plans under Section 7.11 (Formerly Section 94) of the Environmental Planning and Assessment Act 1979 are currently applicable:

S94 Plan for Administration 2011 to 2031(PDF, 1MB)
S94 Plan for Bundanoon(PDF, 161KB)
S94 Plan for Central Library Facility(PDF, 70KB)
S94 Plan for Open Space, Recreation, Community & Cultural Facilities 2013 to 2036(PDF, 5MB)
S94 Plan for Resource Recovery Centre(PDF, 2MB)
S94 Plan for Roads & Traffic Facilities 2012 to 2031(PDF, 2MB)
Moss Vale Enterprise Corridor Section 94 Plan(PDF, 2MB)

The following Developer Contributions Plans under Section 7.12 (formerly Section 94A) of the Environmental Planning and Assessment Act 1979 is currently applicable: 

S94A Contributions Plan 2015(PDF, 2MB)
S94A Fact Sheet(PDF, 57KB)

The following Development Servicing Plans (DSPs) under the provisions of Section 64 of the Local Government Act 1993 and Sections 305 to 307 of the Water Management Act 2000 are currently applicable:

Water and Sewer Development Servicing Plan<(PDF, 6MB)
Stormwater Development Servicing Plans with Maps(PDF, 12MB)
Stormwater Development Servicing Plan Background Paper(PDF, 2MB)

It is a policy of Council that identifies the needs of the anticipated development for public services and amenities, how much these facilities will cost and how they will be funded. Generally Section 7.11 plans identify development as being the major funding source for these facilities.

In 1987, the Water and Sewerage component of Section 94 was removed and legislation introduced in theLocal Government Act1993(LGA) under Section 64 for the provision of Water and Sewer contributions. TheLocal Government Act 1993 refers to the requirements of theWater Management Act 2000.

The State Government recognised in the 1970s that existing communities were subsidising the provision of services and amenities in new growth areas.

As a result they introduced a “user pay” system (Section 7.11) where those who generate the need for services and facilities should pay for their provision. Section 7.11 of the Environmental Planning and Assessment Act 1979 (EPA Act) enables Councils to legally levy contributions from developers.

Essentially development contributions are an internal mechanism for Council to ensure the community does not bear the costs through higher rates of mitigating against the impacts of development.

The key principles of Section 7.11 are based on the provisions of the EPA Act as amended. Water and sewer contributions follow a similar set of principles and guidelines. The basic principles are:

• A contribution may be required for either the provision of new or additional facilities, or the recoupment of funds already expended in anticipation of development.
• The contribution must be ‘reasonable’.
• Contributions are to be used only for the purpose for which they were collected.
• Financial contributions are to be spent and land dedications are to be made available within a ‘reasonable‘ time, and;
• There must be a demonstrated nexus (connection) between:
• The proposed development and the demand for the new or additional facility
• The cost of the facility and the amount of contribution
• The location of the development and the location of the facility
• The timing of payment of the contribution and the provision of the facility.

Council’s contributions plans include provisions that allow it to increase its’ contributions rates by upward movements in the Consumer Price Index and Producer Price Indexes each quarter (every three months).

The purpose of this is to ensure that the funds received are generally in keeping with the increasing costs of providing services and facilities.

Yes. Council is open to considering offers from developers, as long as those offers are made to Council in accordance with Council's Voluntary Planning Agreements Policy (Section 7.4 of the EPA  Act) and Works-in-kind Policy. 

Council has entered into several Voluntary Planning Agreements (VPA) with various developers under the provisions of Section 7.4 of the Environmental Planning and Assessment Act 1979 and Division 1A of the Environmental Planning and Assessment Regulation 2000. 

WSC Planning Agreements Policy and Procedures(PDF, 302KB)

Water supply authority contributions 

Contribution towards Water and/or Sewer Facilities – you are advised that Council as the supply authority shall require the payment of a developer contribution towards the provision of water and/or sewer facilities required to serve the development in accordance with Division 5 Part 2 Chapter 6 of the Water Management Act 2000 as amended. 

The current rates of contribution applicable are as follows: 

Water Supply Contributions Plan (Effective 23/07/97) 

The payment of a monetary contribution towards the augmentation of the headworks water supply system that services the development. 

Sewer Contributions Plan (Effective 23/07/97) 

The payment of a monetary contribution for headworks sewerage system that serves the development. 

Compliance Certificate 

Compliance Certificate fees, in accordance with Council’s Revenue Policy are as follows and shall be paid concurrently with developer contributions: 

Water $ + Sewer $ = $ 

NOTE: Prior to the final release, you will need to contact Council’s Technical Services Division for an inspection to ensure that Council will accept the infrastructure constructed. In response the Manager of Water and Sewer will specify requirements which will have to be met. 

In the case of subdivision, the title plan of subdivision will not be certified and released by Council until the Water Management Act contributions have been paid and/or secured and the approval of Council has been gained for all works related to this infrastructure. 

In the case of other forms of development, the Construction Certificate will not be issued until the Water Management Act contributions have been paid and/or secured and the approval of Council has been gained.

All affected developers are hereby invited to contact Council if their development consents include the standard condition below and were granted before 1 January 2007. There is no deadline for contacting Council in relation to this.

However, the notice period in relation to this invitation will take place from 21 April 2021 to 21 May 2021.